Texas Water Code

§ 13.4132 — OPERATION OF UTILITY THAT DISCONTINUES OPERATION OR IS REFERRED FOR APPOINTMENT OF RECEIVER

WA § 13.4132Title 2. WATER ADMINISTRATION · Part B. WATER RIGHTS · Ch. 13. WATER RATES AND SERVICES · Art. K. VIOLATIONS AND ENFORCEMENT

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(a)The utility commission or the commission, after providing to the utility notice and an opportunity to be heard by the commissioners at a utility commission or commission meeting, may authorize a willing person, municipally owned utility, county, water supply or sewer service corporation, public utility agency, or district or authority created under Section 52, Article III, or Section 59, Article XVI, Texas Constitution, to temporarily manage and operate a utility if the utility:

(1)has discontinued or abandoned operations or the provision of services;

(2)has been or is being referred to the attorney general for the appointment of a receiver under Section 13.412; or

(3)provides retail water or sewer utility service through fewer than 10,000 taps or connections and violates a final order of the commission by failing to:

(A)provide system capacity that is greater than the required raw water or groundwater production rate or the anticipated daily demand of the system;

(B)provide a minimum pressure of 35 pounds per square inch throughout the distribution system under normal operating conditions; or

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Legislative history

Acts 2013, 83rd Leg., R.S., Ch. 170 (H.B. 1600), Sec. 2.73, eff. September 1, 2013. Acts 2013, 83rd Leg., R.S., Ch. 171 (S.B. 567), Sec. 73, eff. September 1, 2013. Acts 2019, 86th Leg., R.S., Ch. 545 (H.B. 3542), Sec. 3, eff. September 1, 2019. Acts 2023, 88th Leg., R.S., Ch. 410 (H.B. 1500), Sec. 45, eff. September 1, 2023. Acts 2025, 89th Leg., R.S., Ch. 776 (S.B. 740), Sec. 8, eff. September 1, 2025.